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Rank: Super forum user
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Your point being? The question posed on the link is nonsensical. Employers have either HSE or LA as their Enforcing Agency - not both.
The rest (the principle of charges) is all about politics.
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Rank: Forum user
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Not strictly true Ron. There are employers who do have both HSE and LAs as their enforcing authorities. The usual rule on enforcement responsibility is based on the main activity at a given site. So, for example, a manufacturing company may have two seperate locations - one where the manufacturing is carried out and the other as a head office. The manufacturing sit would be HSE enforced, and the office would be LA.
Similarly, I currently work for an airline. Our head office is LA enforced, as are our landside activities at the airport (sales desk, check in etc), but the airside activites (baggage handling, refuelling etc) are enforced by HSE.
And, yes, it can be very confusing!
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Rank: Super forum user
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Definitely not true Ron. We have our main activities dealt with by the HSE, but our canteen is inspected by the Local Authority.
So the two enforcement agencies visit the same building for different purposes.
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Rank: Super forum user
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Try working out who enforces who when its a wholey owned council company such as an ALMO that you are talking about
Technicially school kitchens are enforced by both the HSE and the EHO's not including the Fire Service and the Env agency
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Rank: Super forum user
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Jane,presumably the LA aren't enforcing H&S in your Canteen? The principle of charging under discussion relates only to H&S enforcement (by HSE).
To all others -point taken!
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Rank: Super forum user
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Just to add my penny, it is my understanding that the HSE enforce, or should that be inspect, LA undertakings ie offices. On the premise that LAs cannot inspect their own undertakings impartially. Now that would be interesting if the HSE charged the LA for material breaches and subsequent work carried out!
The plot thickens...
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Rank: Guest
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RayRapp wrote:Just to add my penny, it is my understanding that the HSE enforce, or should that be inspect, LA undertakings ie offices.
'eg' offices, surely, or has everything else been outsourced?
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Offices..and schools... waste...building & works...social work...education...sport & recreation..etc etc. Suspect LA's will need to get the switch card ready!
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Rank: Forum user
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I have to say I am surprised at the lack of reaction to this proposal.
Can you imagine what the national press would say if the police were proposing to make up the shortfall in their budgets by charging people £133 per hour for the privilege of being investigated? Both the police and the HSE are enforcing authorities that investigate criminal offences, so what's the difference?
Even the consultation documents recognise that activity by HSE Inspectors could be skewed through having to generate income. Performance indicators causing Public Services to behave badly? Surely not!
If you had to make money through investigating an organisation, who would you go for? A fly-by-night cowboy that goes out of business as soon as the heat is on, or reliable income streams such as blue chip firms and the public sector who won't run away?
Expect to see fewer cases taken to court, but a lot more notices. Why? Because court cases cost a lot of money. Just look at the proportion of criminal cases that are now dealt with out of court by the police.
The consultation documents also recognise the potential problems in there being no independent appeals process, and worse there is a disincentive to appeal in that the time taken to administer the appeal becomes a multiplier for the original charge.
Seems to me that once the HSE get their foot in the door it will be hard to get rid of them. Also I can see there being costly civil cases where big firms use their expensive lawyers against the HSE when excessive charges are levied.
I hope I am just being slightly paranoid about all this, and that the current consultation process does briing some sense to it.
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Horribly flawed idea, that only vaguely sounds plausible on te most superficial of reading. Take an example of 2 identical houses with two indentical roofing jobs being done. On one roof a self employed roofer on the other a man with one employee. No scaffolding on either. HSe vist, both would get a PN. BUT no cost recovery against the self employed roofer,while the emplyer gets hits for a bill that could be several thousand pounds. Nonsensical.
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Rank: Super forum user
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What worries me is this example from the consultative document:
You would think once the inspector had pointed this out to the company the action should have been to ask them if they agreed that more/better guarding was needed and how they proposed to do that. But no, a specialist inspector has to be involved at extra cost!
http://consultations.hse...393957.1/pdf/-/CD235.pdf
Example 3:
As part of an inspection, an HSE inspector raises concerns regarding the level of
guarding on a bespoke piece of process machinery. The inspector has concerns that
employees may be able to gain access to dangerous moving parts of machinery
which could result in a significant injury. As the machine is bespoke and has been
adapted specifically for the processes undertaken by the duty holder, the HSE
inspector requires specialist assistance to determine what the most appropriate level
of guarding should be for this machinery. On the basis of discussions with the
specialist inspector the inspector forms the opinion that the machine is not
adequately guarded and employees could be significantly injured. The inspector
serves an Improvement Notice to ensure that the material breach of the Provision
and Use of Work Equipment Regulations 1998 is remedied. The inspector
subsequently revisits the site to ensure the duty holder has complied with the terms
of the Improvement Notice.
This was a material breach of health and safety law: Fee for intervention would apply
and HSE would recover the costs from the duty holder. This cost would include all
the time spent; i.e. the whole of the initial intervention when the material breach was
identified, discussing the issue with the HSE specialist, preparing the letter,
Improvement Notice and visit records, plus the time spent revisiting to ensure the
duty holder has complied with the terms of the Improvement Notice
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Rank: Super forum user
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To be honest I have not yet come across a HSE inspector raising questions regarding adequate guarding and then telling me he will request specialist advice.
Most guarding will speak for itself with evidence available to determine if the guarding is sufficient or not, by ways of risk assessment, conformity etc and historically inspectors have the knowledge & experience to differentiate between adequate or inadequate guarding?
To ask for specialist advise I would expect this to be an extreme exceptional case and the example should reflect this IMHO
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Rank: Super forum user
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Judging from the negative comments there is not much support for this cost recovery initiative outside of government. I can't help wonder if this would have occurred had the HSC still be in existence. There were concerns when the HSC/HSE merged into one body that the impartiality of the HSE would be lost...which appears to be the case.
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Rank: Forum user
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Ray, I think you are right.
The Government will always support one of their ideas up to the point it gets quietly buried. Hopefully this will be the fate of this one.
It is also rather worrying that very few people seem to be aware of this proposal. I wonder how many have contributed to the consultation?
A further thought, I can see this increasing H&S 'excesses' rather than reducing them. The most risk averse sectors may become even more so if they get the idea that the HSE are coming after them and their cheque book.
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Rank: Super forum user
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Just had a call from one of our branch managers. He's received a follow up visit from a LA inspector today to ensure that some remedial works we had carried out have been completed to standard.
She is more than happy with the work, but told the BM that the LA will be charging 'call-out' fees from next year.
Something tells me that either something is going on behind the scenes with regard to 3.3 of the consultation document; or she has got the wrong end of the stick. The sceptic in me can't help but lean towards the former...
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Rank: Forum user
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Hmmm - Local Authorities would dearly like to get the same power, they have even more holes in their finances than the HSE.
The likely result? Just look at how enthusiastically they took to parking enforcement when they took that over from the police!! In some areas stopping at a red traffic light is almost enough to get you a ticket......
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